Political contribution deductions require recipient party compliance with contribution-reporting conditions; banking-channel donations alone do not qu...
Aggregation under TNMM prevents selective testing of intra-group services without comparable uncontrolled transactions, while appellate additional cla...
Protective assessment cannot duplicate identical receipts under competing characterisations; remote services did not establish a taxable permanent est...
Current account treatment of overseas tournament services removed most FEMA findings, but excess EEFC remittance and delayed repatriation remained bre...
Modification of bail conditions remains available through inherent jurisdiction where onerous deposits undermine justice and cannot recover disputed d...
Merchant banker regulation consolidates registration, governance, capital, reporting, outsourcing and investor-protection requirements under an update...
Under the Black Money Act, the note addresses whether an Additional Commissioner who acts as the statutory approving authority may also impose a penalty for undisclosed foreign assets. It states that where approval by the Joint Commissioner or Joint Director is required for penalties above the prescribed threshold, the approving authority cannot exercise the separate power to impose the penalty. It also explains that a penalty cannot survive where the underlying assessment concerns the wrong assessment year: foreign-investment information, statement and tax payment relating to one year cannot support assessment and penalty for another year. The note further recognises that jurisdictional defects in the primary assessment may be challenged in consequential penalty proceedings.
Under the Black Money Act, the note addresses whether an Additional Commissioner who acts as the statutory approving authority may also impose a penalty for undisclosed foreign assets. It states that where approval by the Joint Commissioner or Joint Director is required for penalties above the prescribed threshold, the approving authority cannot exercise the separate power to impose the penalty. It also explains that a penalty cannot survive where the underlying assessment concerns the wrong assessment year: foreign-investment information, statement and tax payment relating to one year cannot support assessment and penalty for another year. The note further recognises that jurisdictional defects in the primary assessment may be challenged in consequential penalty proceedings.
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